status-quo order

Querist : Anonymous (Querist) 13 October 2010 This query is : Resolved

Sir,

When High Court has issued status quo order was issued but defendant without regard to the status quo order continued the construction. The defendant never cared to approach the court for vacating the order issued by the court or giving any explanation for such unauthorised construction. In the meantime the court gave verdict for partition of suit. The building was constructed exactly on the partition land to be decided by Final decree by metes and bound.

The building constructed is a three storyed building with RCC if the land is divided into three shares as per the preliminary decree and final decree, the whole or part of the building will fall into 1st share or 2nd share or 3rd share.

When the status quo order is still in existence what is right of the defendant to construct the house. He should have constructed the building on his share without encroaching upon the land of the other co-sharer.

In the above situation I am having a doubt how the partitioning of the land will be done. We have to forfeit our share for money. I want my share to build my own house and hence I do not want any money as compensation of my share.

Please kindly advise me on the above situation and suggest useful solutions for my problem.

Thanking you,

Regards

M.S.N.

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